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Children Act 1989

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This is the original version (as it was originally enacted).

77Appeals

(1)Not less than 14 days before—

(a)refusing an application for registration under section 71;

(b)cancelling any such registration;

(c)refusing consent under paragraph 2 of Schedule 9;

(d)imposing, removing or varying any requirement under section 72 or 73; or

(e)refusing to grant any application for the variation or removal of any such requirement,

the authority concerned shall send to the applicant, or (as the case may be) registered person, notice in writing of their intention to take the step in question (“the step”).

(2)Every such notice shall—

(a)give the authority’s reasons for proposing to take the step; and

(b)inform the person concerned of his rights under this section.

(3)Where the recipient of such a notice informs the authority in writing of his desire to object to the step being taken, the authority shall afford him an opportunity to do so.

(4)Any objection made under subsection (3) may be made in person or by a representative.

(5)If the authority, after giving the person concerned an opportunity to object to the step being taken, decide nevertheless to take it they shall send him written notice of their decision.

(6)A person aggrieved by the taking of any step mentioned in subsection (1) may appeal against it to the court.

(7)Where the court imposes or varies any requirement under subsection (8) or (9) the requirement, or the requirement as varied, shall be treated for all purposes (other than this section) as if it had been imposed by the authority concerned.

(8)Where the court allows an appeal against the refusal or cancellation of any registration under section 71 it may impose requirements under section 72 or (as the case may be) 73.

(9)Where the court allows an appeal against such a requirement it may, instead of cancelling the requirement, vary it.

(10)In Scotland, an appeal under subsection (6) shall be by summary application to the sheriff and shall be brought within 21 days from the date of the step to which the appeal relates.

(11)A step of a kind mentioned in subsection (1)(b) or (d) shall not take effect until the expiry of the time within which an appeal may be brought under this section or, where such an appeal is brought, before its determination.

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